In a writ petition challenging the proposed setting up of a TASMAC liquor shop near a temple, the Madras High Court examined if it violated licensing rules. The court found the shop was located beyond the prohibited 100-metre distance for non-urban areas and dismissed the petition.
Writ petition dismissed; no costs; connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.03.2019
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.17402 of 2017
and
WMP.NO.18906 of 2017
C. Kalidas ...Petitioner
Vs
1. The State of Tamil Nadu
rep. By its Secretary to Government
Home, Prohibition and
Excise Department
Secretariat
Fort St. George
Chennai 600 009.
2. The District Collector
District Collectorate
Tiruppur District.
3. The Sub-Collector
Dharapuram 638 657.
4. The District Superintendent
TASMAC
Tiruppur District. ...Respondents
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus to forbear the respondents from relocating or establishing a TASMAC liquor shop No.3827 at or nearby Sri Mariamman temple, Mariamman Nagar, Kolathpalayam Village, Dharapuram Taluk, Tiruppur District, detrimental to the safety and peaceful atmosphere of the temple and petitioner's right to life, peaceful worship by considering the petitioner's representation dated 30/6/2017.
For petitioner ... Mr.N.Ponraj For Respondents ... Mr.Akhil Akbarali Government Advocate for R.R.1 to 3.
Mr.K.Sathish Kumar Standing Counsel for R.4.
O R D E R
(Order of the Court was made by Subramonium Prasad, J)
Instant writ petition is for a writ of mandamus, restraining the respondents from setting up TASMAC liquor shop No.3827, nearby Sri Mariamman temple, Mariamman Nagar, Kolathpalayam Village, Dharapuram Taluk, Tiruppur District, as it is detrimental to the safety and peaceful atmosphere of the temple and petitioner's right to life and peaceful worship.
2. Petitioner is a resident of Dharapuam Taluk, Tiruppur District. He would state that the respondents are making arrangements to set up a TASMAC shop No.3827, which is at 100 feet away from Mariamman temple. He would further submit that opening of TASMAC shop will hinder the devotees and will create unwarranted situation.
3. On notice, the District Superintendent, Tamil Nadu State Marketing Corporation, Tirupur District, has filed a counter affidavit. For the sake of brevity, paragraph Nos.6 and 7 of the reply are reproduced hereunder:-
“6. It is submitted that the averments made in
paragraph 3 of the affidavit that the Mariamman temple is located in Meenakshipuram to Reddaravalasu road and more than 1500 families in and around village are followers and devotees and there will be a yearly festival is being held in the month of April. I submit that as per Rule 8 (1) of the Tamil Nadu Liquor Retail vending (in Shops and Bars) Rules, 2003, the shop shall not be located within 50 metres from an educational institution and place of worship in respect of Corporation and Municipalities within 100 metres in respect of other places. The sites were selected by a team of officers comprising the Assistant Commissioner of Excise and the District Manager, TASMAC. While selecting the above place, the team has considered all the relevant facts including the guidelines stipulated in Rule 8 (1) of Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003 and submitted a proposal to the District Collector. As per the above Rules, the shop shall not be located within 50 metres from an educational institution and place of worship in respect of Corporation and Municipalities within 100 metres in respect of other places. The Shop No.3827 is located at Meenakshipuram to
Reddaravalasu road and also located above 500 metres away from Karur to Palani road. The District Collector after careful perusal of all the relevant records and facts placed before him, came to an independent conclusion and approved the place as suitable for relocation of TASMAC shop. A Mariamman temple which is owned by some community people is located at a distance of 160 metres from the shop. This community people is visiting the temple for worshipping on required basis only. There is no possibility that the consumers are being gone to the said temple. A single house is located at a distance of 150 metres from the shop and there is a open space around the shop.
7. It is submitted that the averments made in paragraph 4 of the affidavit that shop is established just opposite to the temple within 100 feet and shop will hinder the devotees and passerby and it will create unwarranted situation in the worshipping place. I further submit that the temple is located at a distance of 160 metres from the shop and the shop is relocated as per the rules."
4. Heard Mr.N.Ponraj, learned counsel for the petitioner, Mr.Akhil Akbarali, learned Government Advocate for the respondents 1 to 3 and Mr.K.Sathish Kumar, Standing Counsel for TASMAC/fourth respondent.
5. Permission to open a liquor shop by the competent authority, can be granted if only the conditions laid down in Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 are followed. Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, reads thus:-
"Location of shop: (1) No shop shall be
established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions:
Provided that the distance restriction shall not apply in areas designated as "Commercial" or "Industrial" by the Development or Town Planning Authorities:
Provided further that no shop shall be established within the premises of any hotel:
Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply:
Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Project and Hill Area Development Project in the Hill area of Vellore, Salem, Namakkal, Dindigul, Tirunelveli and Kanniyakumari Districts.
(2). Every shop shall be housed in a pucka building and no part of the shops shall be thatched either on the sides or on the roof.
(3). The shop shall be in the location approved by the Collector before commencing the business in the shops."
6. A perusal of the counter affidavit would show that conditions prescribed, under Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, have not been violated and that there is no prohibition in location of TASMAC shop No.3827.
7. Since Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, has not been violated and the liquor shop is at a distance, more than the prohibited distance, mentioned in the Rules. Writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mvs. To 1. The Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Secretariat Fort St. George Chennai 600 009. 2. The District Collector District Collectorate Tiruppur District. 3. The Sub-Collector Dharapuram 638 657.
Tiruppur District.
+1cc to Mr.K.Sathishkumar, Advocate, S.R.No.1982 +1cc to the Government Pleader, S.R.No.20502 +1cc to Mr.N.Ponraj, Advocate, S.R.No.19865
W.P.No.17402 of 2017
KK(CO)
RRS(20/06/2019)
2 issues framed by the court
Whether opening of a TASMAC liquor shop near a temple violates Rule 8 of the Tamil Nadu Liquor Retail Vending Rules, 2003.
Whether the Shop is located within the prohibited distance of 100 metres from a place of worship.
1 provisions across 1 enactments
C. Kalidas
The State of Tamil Nadu
The District Collector
The Sub-Collector
The District Superintendent TASMAC
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
